Back in the mid-1970s, the General Assembly
finally implemented a home rule constitutional amendment that gave power
over local decisions to local governments. But not totally.
Critics say the enabling legislation stopped short of the goal, with
lawmakers holding on to certain powers and creating an odd arrangement
between local and state government in South Carolina. The debate over what
powers counties should have and what powers lawmakers should have has
continued ever since.
Now Gov. Mark Sanford has entered the fray, so far vetoing eight local
bills because they violated either home rule provisions or a separate
constitutional prohibition against special legislation. In addition to
five bills vetoed in February, he struck down three more Wednesday while
the House debated the state's budget crisis. Sanford says he wants to put
pressure on the system to force lawmakers to change the way they do
business.
Whether they'll do that is hard to predict, but it's a question with a
long history.
For most of its existence, much of South Carolina's local government,
with the exception of that of incorporated towns and cities, was run from
Columbia by local delegations of lawmakers. Reformers argued that such
decisions would be made better by county councils, a system that had
developed successfully in other states. By the early 1970s, county
governments had been established statewide and the Legislature agreed to
put a home rule amendment on the 1972 ballot.
But reformers contended that the enabling home rule legislation stopped
short of their goals, creating a hybrid system in which local legislative
delegations retainedvarious local appointments and powers. Supporters
contended the home rule compromise was the best they could do politically.
The Charleston County Election Commission and Board of Voter
Registration, which would have been combined under the bill Sanford
vetoed, are a good example of the odd arrangements created by South
Carolina's system.
Members of the board and commission essentially are appointed by the
local legislative delegation. The people who work for the board and the
commission are county employees, and the budgets for the two bodies are
set by county council. At the Board of Voter Registration, some
state-appointed board members have been hired by the county as staff.
Local lawmakers wanted to streamline local elections by combining the
offices, a measure similar to one passed for Berkeley County during the
tenure of Gov. David Beasley, who let the bill become law without his
signature.
So why isn't it good for Charleston County?
Sanford says it is, but he argues that either local officials should
have the power to combine the boards or the change should be handled
through general legislation -- not by county-specific or special
legislation, which is illegal under the state Constitution.
The governor's argument isn't a new one -- previous governors have made
the same case from time to time -- but it hasn't stopped county
legislative delegations from routinely approving bills that affect only
their counties, such as one forgiving a snow day for Greenville County
schools and another that would change the number of members on a York
County elections board, both of which drew a gubernatorial veto that
lawmakers have since overridden.
The immediate problem is that local officials can't combine the boards
on their own. That authority still belongs to the Legislature. While the
Legislature could write a statewide bill addressing the organization of
local election offices or granting counties authority over them, no one
has or appears likely to do so.
Sanford has offered no specifics for a road map to change, just a
temporary roadblock to draw attention to his reform effort. That leaves it
up to legislators to change the system.
Are they willing to let go of any power, the one asset politicians
covet?
Not hardly.
Will we see legislation anytime soon that makes "home rule" a true
phrase?
On the contrary.
Just recently, Summerville Town Administrator Mark Williams complained
to Town Council members that legislation had been introduced to restrict
municipalities' powers to raise revenue. One such bill would restrict
local governments from raising taxes more than once every two years and
then only by referendum.
Mike Cone, the executive director of the S.C. Association of Counties,
knows of no pending home rule legislation.
"We've had more home rule than we can afford," said Rep. John Graham
Altman III, R-Charleston. "The general sentiment of the Legislature is
that home rule has not been very effective. It's been fragmented. It's not
served any useful purpose that I can think of."
Meanwhile, Sanford promises to keep vetoing local bills -- even those
he likes -- to make his point. Lawmakers will keep looking for the votes
to override his vetoes. And nobody foresees a big push to revisit the
provisions of home rule.
Given the current sentiment at the Statehouse, Sanford's hand could
cramp and his veto pen run out of ink before that happens.